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(영문) 부산지방법원 2015.02.05 2014가합10406
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. The plaintiffs' assertion (1) The plaintiffs asserted that part of the construction works of the Kimhae-si Construction Corporation (hereinafter "new construction works of this case") ordered by the defendant to Libybya Construction Co., Ltd. (hereinafter "Libya Construction Co., Ltd.") were subcontracted from Libya, and the plaintiffs did not receive construction payment from the defendant in relation to the construction works as follows.

The Plaintiff A had completed the construction by directly receiving the construction cost of KRW 249,700,000 from the Defendant between the Ri case and the Ri case. However, the Plaintiff A was paid KRW 35,000,000 out of the said construction cost and did not receive the remainder of the construction cost of KRW 214,70,000.

Although the Plaintiff B completed the construction work by directly receiving the construction cost of KRW 133,450,000 from the Defendant, the Plaintiff was paid KRW 80,000,000 among the above construction cost, and the remainder of the construction payment was not paid KRW 53,450,000.

The plaintiff C was paid the construction cost of KRW 184,470,00 among different types of cases and completed the construction work directly by the defendant. However, the plaintiff C was paid KRW 25,650,000 among the above construction cost and did not receive the remainder of construction cost of KRW 158,820,000.

㉣ 원고 D는 리나종건과 사이에 공사대금 48,000,000원을 피고로부터 직접 지급받기로 하고 공사를 완료하였으나, 위 공사대금을 지급받지 못하였다.

The value of the Plaintiff Co., Ltd. was paid KRW 39,600,000 to the Defendant for the construction work, and completed the construction work, but it was not paid for the construction work.

(2) On December 30, 2008, the Defendant paid the subcontract price of the instant newly constructed construction subcontractor, including the Plaintiffs, by January 6, 2009. However, in the event that it fails to perform this, the Defendant prepared and issued to the subcontractor a letter of performance stating that the right to the instant newly constructed construction shall be transferred to the subcontractor, and the Defendant also prepared and delivered the letter of performance to the subcontractor.

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